Terms of Use
Last Updated: November 14, 2022
These Terms of Use (“Terms”) governs your use of thedistrictdetroitoc.com (the “Website”), which is operated by The District Detroit (“District Detroit”, “we”, “us”, “our”).
In some instances, both these Terms and separate terms setting forth additional conditions may apply to a service or product offered via the Website (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
If you do not agree to these Terms and any Additional Terms, do not use the Website.
These Terms are subject to change without notice, in our sole discretion. Changes to these Terms will be in effect as of the “Last Updated” date at the top of this page. Your continued use of the Website after the “Last Updated” date constitutes your acceptance and agreement to such changes.
1. OWNERSHIP AND USE OF THE WEBSITE AND MATERIALS
Intellectual Property. The Website may contain materials and other items relating to District Detroit, including the layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, and the “look and feel” of the Website including all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein (together the “Materials”), are owned and controlled by District Detroit, our licensors or certain other parties. All rights, title, and interest in and to the Materials available via the Website are the property of District Detroit or our licensors or certain other parties, and are protected by U.S. and international copyright, trademark, trade dress, and/or other intellectual property rights and laws to the fullest extent possible.
Limited License. Subject to your strict compliance with these Terms, District Detroit grants you a limited, non-exclusive, revocable, non-commercial, non-assignable, personal, and non-transferable license to display, view, use, or play the Website or Materials on a personal device. The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any Materials. Your unauthorized use of the Materials may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Reservation of Rights. All rights not expressly granted to you are reserved by District Detroit and its licensors. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Website and Materials for any purpose is prohibited.
2. OTHER ONLINE SERVICES
Portions of the Website may link to other websites, platforms, and apps that we do not control (“Other Online Services”). We are not responsible for Other Online Services or their content, advertisement(s), apps, or websites. Similarly, we may make ads and non-District Detroit content or services available to you on or via the Website. Please note that Other Online Services have their own privacy policies and terms of use and District Detroit is not responsible or liable for these policies or terms.
3. BUSINESS TRANSACTIONS
We reserve the right to sell or transfer any information we obtain through the Website in connection with any joint venture, partnership, merger, or other collaboration with another organization, or in the event we sell or transfer all or a portion of our business or assets (e.g., further to a reorganization, liquidation, or any other business transaction, including negotiations of such transactions).
4. MARKETING MESSAGES
We may email you marketing communications, which you may opt out of by following the instructions contained in our promotional emails. Please note that even if you opt out of receiving marketing communications, we may still send you transactional emails.
5. RESTRICTIONS AND PROHIBITED USES
You agree that you will not:
- Use the Website for any commercial or political purpose or transmit information that is in any way false, fraudulent, or misleading.
- Engage in any activities through or in connection with the Website that: harm, or attempt to harm, any individuals or entities; are unlawful, offensive, obscene, lewd, lascivious, violent, threatening, harassing, scandalous, inflammatory, pornographic, profane or abusive; violate any right of any other party; could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or are otherwise objectionable to District Detroit.
- Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, hidden text, or modify any software (in either object code or source code) or other products, services, or processes accessible through any portion of the Website.
- Interfere with or circumvent any security feature (including any digital rights management mechanism, device, or other content protection or access control measure) or any other feature that restricts or enforces limitations on use of or access to the Website or the Materials; or attempt or gain unauthorized access to any network or computer through the Website.
- Harvest, scrape, or otherwise collect or store any information, including personal information, from the Website.
- Monitor, gather, copy, or distribute the Materials (except as may be a result of standard search engine activity or use of a standard browser) by using any robot, rover, bot, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind.
- Copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate, or transfer to any other party or on any Other Online Service or website, or otherwise use or exploit the Materials in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of District Detroit.
You agree that if you submit any personal information of another person to District Detroit or to the Website, you represent and warrant that you are authorized to provide that individual’s personal information to District Detroit.
6. WEBSITE ACCURACY AND AVAILABILITY
We do not warrant that specifications, pricing, or other content on the Website is complete, accurate, reliable, current, or error-free. We make no warranties as to the availability or accessibility of the Website, and (except as otherwise set out in these Terms) we will not be liable for any damages, loss, costs, or expenses incurred by you as a result of any lack of availability or accessibility of the Website.
7. DISPUTE TERMS
We strongly encourage you to first contact us directly at contact@districtdetroit.com to seek a resolution for any dispute regarding the Website. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. If for any reason a claim proceeds to court rather than arbitration, you and District Detroit agree to waive any right to a jury trial and you agree to waive any right to bring a class action lawsuit.
8. INDEMNITY
As permitted by applicable law, you agree to, and you hereby, defend (if requested by District Detroit), indemnify, and hold the District Detroit Parties (defined below in Section “Disclaimer Of Representations And Warranties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any District Detroit Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your use of the Website and your activities in connection with the Website; (ii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Website or your activities in connection with the Website; (iv) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any intellectual property, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by you; and (vi) the District Detroit Parties’ use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by District Detroit Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, the District Detroit Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. District Detroit Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a District Detroit Party. This Section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.
9. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DISTRICT DETROIT AND THEIR DIRECT AND INDIRECT PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “DISTRICT DETROIT PARTIES”) HEREBY DISCLAIM AND MAKE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, OR PROMISES, EXPRESS OR IMPLIED, IN CONNECTION WITH, OR OTHERWISE DIRECTLY OR INDIRECTLY RELATED TO, WITHOUT LIMITATION, THE WEBSITE, MATERIALS, OR OTHER DISTRICT DETROIT PRODUCTS OR SERVICES, EXCEPT AS SET FORTH BELOW.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE DISTRICT DETROIT PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF OTHER PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
9. LIMITATIONS OF OUR LIABILITY
AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY OF THE DISTRICT DETROIT PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Website, Materials, or other District Detroit products or services.
The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if the District Detroit Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Website).
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DISTRICT DETROIT PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED $100 USD.
10. GENERAL PROVISIONS
Governing Law. Your use of the Website shall be governed in all respects by the laws of the state of Michigan, U.S.A., without regard to choice of law provisions or any other law, treaty, convention or rule.
Severability. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.
Entire Agreement. Except for any Additional Terms that apply to your use of the Website as we may notify or make available to you, this is the entire understanding between you and us regarding the use of the Website, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.
Assignment. These Terms and all of your rights and obligations under the Terms are not assignable or transferable by you without our prior written consent. We may freely assign, transfer, or delegate these Terms or any of our rights and obligations under them.
Termination or Changes. To the extent permitted by law, we reserve the right to terminate your access to and use of the Website and any of its features in our sole discretion, without notice and liability, including, without limitation, if we believe your conduct fails to conform to these Terms or any Additional Terms that may be provided to you or agreed upon between you and us.We also reserve the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Materials, information or content available on the Website, without limitation, in whole or in part, including the cessation of all activities associated with the Website, with or without notice. You agree that we will not be liable to you or to any other party for any modification, suspension or discontinuance of the Website or any part thereof.
We also reserve the right to charge for use of the Website, in whole or in part, and to change its fees from time to time in its discretion.
No Waiver. Our failure or delay to exercise or enforce any right, remedy, or provision of these Terms or any other legal right will not operate as a waiver of such or any other right, remedy, or provision.
Investigations; Cooperation with Law Enforcement. District Detroit reserves the right to investigate and prosecute any suspected or actual violations of these Terms. District Detroit may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
Electronic Contracting. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Website it is intended to be an electronic signature which binds you as if you had signed on paper. You agree that your use of the Website constitutes agreement to these Terms, and any applicable Additional Terms, then posted without further action by you.
Force Majeure. We will not be liable to you for failing to perform our obligations under or arising out of these Terms or any applicable laws or regulations because of any event beyond our reasonable control.
16. CONTACT INFORMATION
If you have any questions or concerns you may contact us by emailing contact@districtdetroit.com
